1 2025:CGHC:18255 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2539 of 2025 1 - Jamir Alam S/o Shri Safik Khan Aged About 22 Years By Caste- Musalman R/o Village- Jailgaon, Awadhpuri, Thana - Darri, Distt- Korba (C.G.). ...Applicant versus 1 - State Of Chhattisgarh Through, Station House OfÏcer, Police Station- Patthalgaon, Distt- Jashpur (C.G.). ... Non-applicant For Applicant : Mr. Sumit Shrivastava, Advocate For Res/State : Ms. priya Sharma, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 22.04.2025 1. pursuant to the order dated 01.04.2025, the victim alongwith her mother appeared through virtual mode from DLSA Patthalgaon and submitted that she has no objection in granting bail to the applicant. Her submission is taken on record. 2. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 2 3. The applicant was arrested on 16.01.2025 in connection with Crime No. 179 of 2023 registered at PS- Patthalgaon, District- jashpur, Chhattisgarh for the offence punishable under Sections 363,366, 366-A, 376(2)(n) of IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (in short “POCSO Act, 2012). 4. Case of the prosecution in brief is that on 11.06.2023, mother of the victim lodged a written report that her daughter is missing and her whereabout could not be tressed out. Thereafter, the police has registered the FIR for the offence under Section 363 of IPC and started investigation. During the investigation, the victim was recovered from the possession of the applicant and after recording of her statement other offences under Sections 366, 366-A and 376(2)(n), 64(2) (n) of BNS, 2023, Sections 4 & 6 of POCSO Act, 2012 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short “SC/ST act”) have been added . The applicant has been arrested on 16.01.2025 and the chargesheet has been filed. 5. Learned counsel for the applicant would submit that the applicant has been falsely implicated in the crime in question. He would further submit that there is no legally admissible evidence with respect to the age of the victim. She is a major girl and was having love affair with the applicant and she herself eloped with the appellant and both of them roaming at various places like Mumbai, Delhi, Kolkata, and Haryana and resided together. Both were engaged in making consensual physical relation. Since the mother of the victim lodged the report and ultimately the victim was recovered from the possession of the appellant. The applicant is in jail since 16.01.2025 charge- sheet has been filed and conclusion of trial will take some time, therefore, the applicant may be enlarged on bail. 3 6. On the other hand, learned State counsel opposes the bail application, and would submit that the minor girl has been subject to sexual intercourse by the applicant. Hence applicant is not entitled for bail. 7. Heard learned counsel for the parties and perused the material annexed with the bail application. 8. Considering the submissions made by learned counsel for the parties, also considering the nature of allegation and the material collected during the investigation, particularly considering the age of the victim and her statement recorded under Section 183 of BNS, 2023 and he is in jail since 16.01.2025 and final adjudication of the case would take some time, without commenting anything on merits of the case, I am inclined to release the applicant on bail. 9. Accordingly, the bail application filed by the applicant- Jamir Alam is allowed and he shall be released on bail on his executing a personal bond in sum of Rs.25000/- with one surety of the like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions: i. that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any Police OfÏcer; ii. that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. iii. that the applicant shall appear before the trial Court on each and every date given to them by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rule Sd/- (Ravindra Kumar Agrawal) JUDGE amita Digitally signed by AMITA DUBEY Date: 2025.04.24 11:34:53 +0530